Whether it occurs on the road, at work or in a public place, an injury can have a devastating effect on someone’s lifestyle. Aside from the physical and mental suffering, the thought of medical expenses and lost income can create a large burden.
Here we answer the common question of ‘how long does compensation take to pay out?’, how to begin the process, and how to determine how long it can take to receive payment for a successful claim.
Can I make a Personal Injury Claim?
If you have been injured in Western Australia due to the negligence of another person, group or company, you may be eligible to make a personal injury claim.
Personal Injury claims cover compensation for a range of accident types, including:
- Motor vehicle accidents
- Injuries sustained at work
- Dog attacks
- Slips, trips and falls in a public place.
In Western Australia, strict time limitations apply to making a claim. This means that generally, you must make a personal injury claim within 3 years from the date the injury occurred. In certain circumstances, longer time limits may apply, such as if you were under the age of 18 at the time the injury occurred.
As such, it is very important that you seek early legal advice from a personal injury lawyer about the applicable time limits.
Beginning the Claims Process
The first step in any personal injury claim is to get the right legal advice as soon as possible.
The time to process each claim can vary due to the unique circumstances of each case. Getting the right advice early can allow you the advantage of getting your claim processed as early as possible.
Choosing an experienced personal injury lawyer, like our team at Stephen Browne Personal Injury Lawyers is an important factor during the claims process. This is because an experienced personal injury lawyer will be aware of the importance of time and what is required to efficiently advance your case.
Our team are here to listen and understand your side of the story and advise you on what paperwork needs to be completed in order to fast-track your claim.
Investigation: Gathering Evidence
After the initial consultation, your lawyer will begin compiling the evidence that will strengthen your case.
Types of evidence could include, but aren’t limited to:
- Medical records
- Police records
- Witness statements
- Appointments with healthcare professionals
These documents will help establish who is at fault for the injury and the extent of the psychological, physical, and financial damage you have incurred due to the negligent act in question.
This is the most important stage in the claims process, because under Australian law, it’s up to the person who is injured, to prove the negligence and losses suffered. The most effective way to do this is through clear and reliable evidence.
Negotiations: Settlement or Litigation?
Once sufficient evidence has been gathered, your lawyer will prepare to meet the representatives of the at-fault party and attempt to settle the case.
Every case is different, and while out-of-court settlements are common, your lawyer may recommend you proceed directly to litigation if it could swing in your favour and result in a better outcome for you.
Settlement: How Long Does Compensation Take To Pay Out?
With experienced and expert legal representation and a strong case backed with quality evidence, it becomes easier to determine how long it takes to get paid after a settlement.
Most cases can be settled within 12 months from the date of engaging a lawyer to handle the claim, provided that your injuries have stabilised.
However, every compensation claim is different and depending on the type, circumstances and complexities of your case, settlement times will vary. It can also depend on how quickly evidence can be gathered from external sources and how responsive the at-fault party is.
To ensure your claim is run smoothly, quickly, and effectively, it’s important to have the right legal advice on your side from the beginning.
Trusted Personal Injury Lawyers in Western Australia
Stephen Browne Personal Injury Lawyers specialises in workers’ compensation, public liability and car accident claims for people in Western Australia who have been injured.
Contact us today for an obligation-free consultation to help you identify how long your compensation claim may take to pay out.